Effective Date: May 12, 2025

Welcome to CRIA! This document contains both our Terms of Service and Privacy Policy. By using the CRIA childcare software application (the “Service”), you agree to all the terms and conditions below, including how we collect and handle personal information. Please read this combined Terms of Service and Privacy Policy carefully. If you do not agree with any part of it, you must not use the Service.

Terms of Service

1. Acceptance of Terms

By accessing or using CRIA, you enter into a binding agreement with CRIA, Inc. (“CRIA,” “we,” or “us”). Using the Service in any way means you accept these Terms and the Privacy Policy in full. This applies whether you are a childcare provider, a parent/guardian, or any other authorized user. In particular:

• Agreement to Terms: By creating an account or using the Service, you confirm that you have read and agree to these Terms and the Privacy Policy. If you do not agree, you must not use the Service.
• Updates to Terms: CRIA may update or modify these Terms from time to time. We will post the revised Terms with a new effective date. Continued use of the Service after any changes means you accept the updated Terms. It is your responsibility to check for updates.
• Additional Policies: These Terms incorporate any other policies or guidelines that we post (such as our Privacy provisions below). We may also have separate guidelines (for example, community standards or a copyright policy) and by using CRIA you agree to those as applicable.

2. Account Registration and Eligibility

To use CRIA, you may need to create an account and provide certain information. You agree to:

• Accurate Information: Provide accurate, complete, and up-to-date information about yourself (and, if you are a childcare provider, about your organization) when registering.
• Legal Age and Authority: Only register if you are an adult of legal age in your jurisdiction. The Service is intended for use by adults (such as childcare staff and parents/guardians), not by children. If you create an account on behalf of an organization (e.g., a daycare center), you represent that you have the authority to bind that organization to these Terms.
• Account Security: Keep your login credentials (username/ID and password) confidential and secure. You are responsible for maintaining the security of your account and for all activities that occur under your account.
• One Account: You may not impersonate anyone or use another person’s account. You also may not transfer your account to anyone else without our written permission.

By registering, you also represent that your use of CRIA will comply with all applicable laws and regulations, including privacy laws and childcare regulations.

3. User Responsibilities and Lawful Use

You agree to use CRIA only for lawful purposes and within the intended scope of the Service (managing childcare information and communication). You are responsible for how you use the Service, including any data you enter or share. In particular:

• Internal Use: Use the Service for your internal childcare management and personal purposes only. Do not exploit the Service for unauthorized commercial purposes (for example, reselling our service or data).
• Compliance with Laws: You are solely responsible for ensuring that your use of CRIA (and any data you input or access) complies with all applicable laws, including privacy laws (such as Canada’s PIPEDA and BC’s PIPA) and any childcare licensing laws (such as the Community Care and Assisted Living Act and associated regulations in British Columbia). CRIA is a tool to assist you, but you remain responsible for meeting your legal obligations (for example, keeping required records and protecting children’s privacy).
• Consent for Child Data: Before entering any personal information about a child or any other individual into CRIA, you must have lawful authority and consent to do so. If you are a childcare provider, you represent and warrant that you have obtained informed consent from the child’s parent or legal guardian to collect and input the child’s personal information into CRIA, as required by law. If you are a parent or guardian using CRIA, by entering your child’s personal information you are giving consent for CRIA to handle that information as described in this policy. (See the Privacy Policy section below for more details on consent and children’s data.)
• No Unauthorized Data: You agree not to upload or input any personal information of others without permission. Do not enter sensitive or confidential data unless it is necessary for the Service’s intended use and you have the right to do so.
• Responsible Conduct: You are responsible for all activities under your account. This includes ensuring that any content you submit (such as notes or records) is appropriate and that you use the Service in a manner that does not harm others or violate anyone’s rights.

If you violate these responsibilities or any other provision of these Terms, it may result in suspension or termination of your account (see Section 11 below).

4. Prohibited Uses

When using CRIA, you agree not to:

• Violate Rights or Laws: Do not use the Service in any way that infringes on the rights of others or violates any law or regulation. This includes not uploading any content that is illegal, defamatory, harassing, abusive, fraudulent, or invasive of privacy. You must especially respect privacy laws when handling personal information.
• Harmful Content: Do not upload or transmit any viruses, malware, or any other harmful code. Do not post content that is obscene, pornographic, or otherwise inappropriate in a childcare context.
• Interfere with Service: Do not interfere with or disrupt the integrity or performance of CRIA. This means you will not attempt to hack, overload, disable, or adversely affect the normal function of our software or servers.
• Reverse Engineer or Misuse: Do not attempt to reverse engineer, decompile, or otherwise extract source code from the Service. Do not use any automated system (such as bots, scrapers, or crawlers) to access the Service, nor attempt to harvest information from the Service outside the provided interfaces.
• Spam or Unauthorized Access: Do not use CRIA to send spam, unsolicited messages, or to collect information of other users without consent. Also, do not attempt to gain unauthorized access to any accounts, data, or systems.

Any violation of the above (or any other misuse of the Service) may result in immediate suspension or termination of your account (see Section 11) and could also expose you to legal liability.

5. Intellectual Property and Content Use

All content and materials provided by CRIA through the Service (such as software, text, graphics, logos, and interface design) are owned by or licensed to CRIA and are protected by intellectual property laws. We grant you a limited, revocable license to use the Service and its materials for their intended purpose (childcare management), subject to these Terms.

• Unauthorized Use of CRIA Content: You may not copy, distribute, modify, or create derivative works of any content provided by CRIA, unless expressly permitted. For example, viewing or downloading content within the app does not grant you the right to use it elsewhere without permission.
• Trademark Use: You may not use the “CRIA” name or logo in a way that could confuse others into thinking you are affiliated with CRIA or that CRIA endorses you, without written consent.
• Reverse Engineering: You may not attempt to extract source code or know-how from the CRIA software, or use the Service to develop a competing product.

All rights not expressly granted to you are reserved by CRIA. If you follow these Terms, you are welcome to use CRIA to benefit your childcare activities while respecting our intellectual property rights.

6. User Content and Submissions

User Content: CRIA allows you to input, upload, or store content and information (“User Submissions”), such as children’s names, attendance logs, notes, photos, or other data related to childcare. You retain ownership of all User Content that you provide; CRIA does not claim ownership of your records or files. However, by using the Service and submitting content, you grant CRIA a license to use that content as needed to provide and improve the Service. This license is:

• Rights Granted to CRIA: You give CRIA a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to host, use, store, reproduce, modify, translate, create derivative works from, display, and distribute your content solely for the purposes of operating and improving the Service. For example, we may format your data, back it up, display it to you and those you authorize (such as a child’s other parent or caregiver), or use it to develop new features. We will not use your personal content for any unrelated commercial purposes – it’s only to provide the CRIA service.

Audience and Sharing: Some content you enter may be private to you, and some may be shared with others:

• Personal Content: By default, information you enter about your child or your childcare center is private to your account or the accounts you explicitly share it with (e.g., a parent and their child’s caregiver share that child’s profile). CRIA will not make this information public.
• Shared Content: If you post content intended to be shared (for example, a notice to all parents in a class, or a daily report shared with a particular parent), then those intended recipients may view that content.
• Public Content: CRIA is generally a private platform, not a public social network. Unless you are using a feature of the Service that explicitly is public to a wider audience (which would be clearly marked), your content is shared only with those you designate.

Note: If you delete content or terminate your account, CRIA will use reasonable measures to remove your User Content from active use. However, residual copies (e.g., in backups or logs) may remain on our servers for some time, and previously shared content with other authorized users (for example, a report sent to a parent) may still be accessed by those users even after you delete it from your side. Deleting your account or content does not guarantee complete or immediate removal of all traces of your content from the Service.

7. Content Standards and Enforcement

You are solely responsible for any content that you submit or share via CRIA. This means:

• Ensure You Have Rights: You promise that you have all necessary rights and permissions to the content you upload. For example, do not upload a photograph of a child unless you are authorized to do so (and have parental consent if required).
• No Illegal Content: Your content must not violate any laws or regulations. Do not post anything that is illegal (e.g., hate speech, explicit violent or sexual content involving minors, etc.) or that violates intellectual property rights or privacy rights of others.
• Accuracy: If you are entering attendance or health information, strive to be accurate and truthful. Deliberately falsifying records could harm the child’s care and may be unlawful.

CRIA’s Rights: While we do not assume responsibility for user content, we reserve the right (but do not have an obligation) to monitor, screen, or review content on the Service to ensure compliance with these Terms. CRIA, at its discretion, may remove or edit any user-submitted content that violates these Terms or is otherwise objectionable. We can also suspend or terminate accounts that repeatedly or egregiously violate content standards (see Section 11 on termination).

CRIA is not responsible or liable for content posted by any user. We do not endorse or guarantee the accuracy of user content. If you encounter content that you believe violates these Terms or is inappropriate, you can contact us at the email provided in the Contact section.

8. Third-Party Links and Services

Our Service may include links or integrations to third-party websites or services (for example, a link to an external resource or a payment processor if applicable). If you follow third-party links or use third-party services through CRIA:

• No Endorsement or Control: Those third-party websites or services are independent from CRIA, and we do not control their content or practices. A link or integration is not an endorsement of that third party.
• Use at Your Own Risk: Accessing any third-party content or services is at your own risk. Third-party sites have their own terms and privacy policies, which may be very different from ours. CRIA is not responsible for anything that happens outside our Service.
• No Liability: CRIA will not be liable for any harm or issues arising from your use of third-party sites or services. This includes any damages or losses they may cause, or any information you provide to them.

Always use caution when clicking links or sharing data with any service outside of CRIA.

9. Disputes Between Users

CRIA is designed to facilitate communication and record-keeping between parents and childcare providers. In the event of a dispute between users (for example, a disagreement between a parent and a daycare provider over a child’s record or any communications via CRIA):

• No Automatic Involvement: CRIA is not responsible for resolving disputes between users. We do not mediate or arbitrate disagreements related to the content or use of the Service.
• Release of Liability: By using the Service, you agree that CRIA is not liable for any claims or damages that may arise from disputes you have with other users. You release CRIA (and our employees and agents) from any liability or claims connected to such disputes.

If a dispute involves data in CRIA (for instance, a parent challenges the accuracy of information recorded by a provider), we encourage the parties to communicate and resolve it. We can assist by providing access to the relevant data (as allowed by our Privacy Policy and law), but the substance of the dispute is between the parties.

10. Changes to the Service

CRIA is an evolving service. We reserve the right to add, remove, or modify features or offerings of the Service at any time, potentially without prior notice:

• Feature Updates: We may introduce new features, upgrade existing ones, or discontinue parts of the Service. For example, we might add a new module for meal tracking or remove a rarely used feature.
• Downtime: We might also temporarily suspend the Service (in whole or part) for maintenance or upgrades. We will try to perform maintenance at convenient times and, if feasible, provide advance notice for significant downtime, but we cannot guarantee that notice.

Notice of Major Changes: If we make a significant change that affects how you use the Service (for example, a new fee or a substantial change in capabilities), we will attempt to inform you (such as via an in-app notification or email). However, some changes might be deployed without direct notice.

Your continued use of CRIA after a change is implemented signifies your acceptance of the Service as modified. If you do not agree with a change, your remedy is to stop using the Service. (If you are on a paid plan and a change materially reduces the value of the Service to you, please contact us to discuss potential remedies such as pro-rated refunds, as applicable.)

11. Paid Services and Fees (if applicable)

While CRIA may offer free features, there may be certain premium features or subscription plans in the future:

• Introduction of Fees: CRIA reserves the right to introduce fees for aspects of the Service that are currently free. If we do so, we will provide clear notice and information on the pricing. You will not be charged for any service unless you opt-in or agree to a paid plan.
• No Refunds: Unless required by law or explicitly stated, fees are non-refundable. For example, if you pay for a month of service and decide to stop using halfway, we typically will not refund the unused portion.
• Payment Terms: If on a subscription, you must pay fees on time (e.g., monthly in advance). Late payment may result in suspension of access to the paid features.
• Cancellation: You can cancel a paid subscription by contacting us (see Contact Us section for email). Cancellation will prevent future billing, but already-paid fees won’t usually be refunded, and access to premium features will continue until the end of the paid term.

(If you are only using free features of CRIA, this section may not apply. It’s included to grant us flexibility to offer paid services later.)

12. Account Suspension and Termination

CRIA may suspend or terminate your access to the Service at our discretion, to the maximum extent permitted by law. Circumstances where we might do so include (but are not limited to):

• Violation of Terms: If you breach any of these Terms or violate applicable laws in connection with your use of CRIA, we may suspend or permanently terminate your account. For serious violations, termination may be immediate and without prior notice.
• Threats to Platform or Others: If your use of CRIA poses a security threat, legal liability, or detriment to other users (for example, hacking attempts, harassing other users, or uploading extremely inappropriate content), we may suspend/terminate your access quickly to protect the Service and users.
• Inactivity or Other Reasons: CRIA also reserves the right to terminate accounts that are inactive for an extended period, or to decline service to anyone for any lawful reason (for example, if we stop offering services in your region). We will act fairly and lawfully, but we maintain flexibility in managing accounts.

If your account is terminated or suspended:

• Effect on Data: You may lose access to data stored in your account. We recommend that childcare providers maintain their own backups or export important records regularly. (Note: Even if your account is terminated, our Privacy Policy will still govern how we handle your stored data; see Data Retention in the Privacy section.)
• No Liability: CRIA will not be liable to you for the effects of termination or suspension of your account, and you will not be entitled to compensation or continuation of service.
• Your Right to Terminate: You are free to stop using CRIA at any time. You may delete your account if you wish. If you want us to delete your personal data, please see the Privacy Policy section on “Your Rights” for how to request deletion.

Certain terms of this agreement will survive termination, as described in Section 15 (for example, liability limitations, indemnity, and privacy commitments).

13. Mobile Application Terms

If you install or use the CRIA mobile app (e.g., from the Apple App Store or Google Play Store), the following additional terms apply:

• Platform Providers Not Liable: The Terms are between you and CRIA, not with the app store provider (Apple or Google). That provider is not responsible for the app’s content or maintenance.
• Usage Rules: You will comply with the app store’s usage rules. For example, if using an Apple device, you agree to Apple’s Licensed Application End User License Agreement.
• Device Ownership: You will only install the app on devices that you own or control.
• No App Store Warranty: The app store provider has no obligation to provide any maintenance or support services for our app. If the app fails to conform to any warranty (if any is provided under these Terms), you may notify the app store provider, and they may refund the purchase price (if you paid for the app), but they have no other warranty obligations.
• App Store as Third-Party Beneficiary: Apple and Google (and their subsidiaries) are third-party beneficiaries of these Terms related to the mobile app, meaning they can enforce these terms against you as it relates to your use of the app from their store.

Other than the above, all other terms in this agreement apply to your use of the mobile application as they would to use of the Service via any other medium.

14. Disclaimers of Warranties

CRIA IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by law, CRIA disclaims all warranties and conditions of any kind, whether express, implied, or statutory, regarding the Service. This includes (but is not limited to):

• No Guarantee of Accuracy or Fitness: We do not guarantee that the data or content available on CRIA is accurate, complete, or suitable for your particular needs. For example, while we strive to provide reliable tools for record-keeping, we don’t warrant that using CRIA will fulfill any legal recordkeeping requirements you have (that remains your responsibility).
• Uptime and Performance: We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. Downtime, bugs, or data loss could occur, though of course we will endeavor to minimize issues.
• Particular Results: We make no promises that using CRIA will yield specific outcomes, such as improved childcare operations or compliance. Any suggestions or guidance in the app are for informational purposes and come with no guarantee.
• Implied Warranties: Any implied warranties or conditions (such as merchantability, fitness for a particular purpose, non-infringement, or those arising by law) are expressly disclaimed.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, CRIA’s warranties are limited to the minimum permitted by law.

15. Limitation of Liability

To the maximum extent permitted by applicable law, CRIA’s liability to you is limited. In no event will CRIA (or its directors, officers, employees, agents, or affiliates) be liable for:

• Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) the Service. This includes, for example, damages for lost profits, lost data, business interruption, or cover (obtaining substitute services), even if we have been advised of the possibility of such damages.
• Total Cap: The total cumulative liability of CRIA for any claims arising from or related to the Service will not exceed the amount (if any) you paid to CRIA in the twelve (12) months immediately before the event that gave rise to the liability. If you have not paid anything (for free use), CRIA’s total liability shall not exceed $100 CAD.

These limitations apply to any claim, whether based on warranty, contract, statute, tort (including negligence), or any other theory.

Exceptions: Nothing in these Terms is meant to exclude or limit liability that cannot be excluded by law. For instance, if applicable law in a jurisdiction disallows limitation of certain liabilities (such as liability for death or personal injury caused by negligence, or for gross negligence or willful misconduct), then those specific liabilities are not limited by these Terms. However, in any case, our liability will be limited to the fullest extent the law allows.

16. Indemnification

You agree to indemnify and hold harmless CRIA and its affiliates, officers, agents, and employees, from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your Use: Your use of the Service, including any data or content you input, upload, or share.
• Your Breach: Your breach of any provision of these Terms or any violation of law or regulation in connection with your use of CRIA.
• Your Content: Any claims that your User Content (for example, information you entered about a child or any other content) infringes someone’s rights or has caused harm to someone (for instance, if you posted something defamatory or without consent).

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claims. You will not settle any such claim without our prior written consent (which we will not unreasonably withhold).

17. Governing Law and Jurisdiction

This agreement and your use of CRIA are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. If you reside outside of British Columbia or Canada, you still agree that Canadian law will apply to any disputes (to the extent not overridden by any consumer protection laws of your home jurisdiction that by law cannot be waived).

Jurisdiction: Any disputes arising under these Terms that lead to a legal action will be brought in the courts of the Province of British Columbia. You consent to the personal jurisdiction of those courts. (If you are a business user, the venue shall be exclusively in Vancouver, BC. If you are a consumer, this clause does not override any rights you have to file claims in your home jurisdiction under local law.)

18. Changes to These Terms

CRIA may amend these Terms of Service from time to time. If we make material changes, we will post the updated Terms on our website or through the Service, and update the “Effective Date” at the top. We may also notify you via email or through an in-app notification. It’s your responsibility to review any changes. By continuing to use the Service after updates take effect, you agree to the revised Terms. If you do not agree to the new terms, you should stop using the Service and, if necessary, cancel your account.

19. Miscellaneous

• Entire Agreement: These Terms (together with the Privacy Policy and any other policies referenced herein) constitute the entire agreement between you and CRIA regarding the Service, superseding any prior agreements or understandings.
• Severability: If any provision of these Terms is found to be unlawful or unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions.
• No Waiver: If we do not enforce a provision of these Terms on any occasion, it does not mean we waive our right to enforce it later.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our consent. CRIA may assign this agreement to an affiliate or in connection with a merger or sale of assets.
• Language: These Terms are provided in English. If we provide a translation, it is for convenience only. In the event of any inconsistency between the English version and a translation, the English version prevails.